Sobieski v. Farmers Insurance Exchange
Court of Appeals of Wisconsin
1Opinion of the CourtBrown, J.
We hold that under the language of the insurance contract at issue here, when the insurer defined uninsurance as specifically including underin-surance, all Wisconsin case law concerning an insurer's duties and limitations in uninsurance situations applied instead of that case law relating to underin-surance. We reverse the trial court's judgment dismissing the complaint grounded upon its belief that a "drive other cars" exclusion applied because this was an underinsurance case, not an uninsurance case.
Donald Sobieski's complaint alleged that Patricia Pufahl was negligent when her vehicle…
2Cases cited11 opinions
- Smith v. Atlantic Mutual InsuranceWisconsin Supreme Court · 1990
- Lambert v. WrenschWisconsin Supreme Court · 1987
- Welch v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1985
- Schwochert v. American Family Mutual Ins.Wisconsin Supreme Court · 1987
- Allstate Insurance Co. v. GiffordCourt of Appeals of Wisconsin · 1993
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3Cited by7 opinions
- Kuhn v. Allstate InsuranceWisconsin Supreme Court · 1995
- Kuhn v. Allstate InsuranceCourt of Appeals of Wisconsin · 1993
- Matter of Settlement for Personal Injuries KonickiCourt of Appeals of Wisconsin · 1994
- Coppins v. Allstate Indemnity Co.Court of Appeals of Wisconsin · 2014
- Advanced Waste Services, Inc. v. United Milwaukee Scrap, LLCCourt of Appeals of Wisconsin · 2015
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